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  • coolvigo
    07-02 11:06 PM
    I am all for it. Lets take this from Gandhiji's perspective.....

    We can give flowers to everyone going inside the office.............
    But I guess big question is who is going to do it...???
    not everyone has time and live in the city.




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  • Rohan99
    09-04 03:56 PM
    Hello, Anyone on July 3rd R.William 9:00am NSC got receipt yet??

    PD:May 2006
    140: Aug 2006
    i-485 : @ NSC july 3rd waiting for receipt

    July 3rd R.William 9:00am NSC




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  • krishna.ahd
    04-20 09:12 PM
    I currently have a job offer from the client .

    My previous company has applied in perm as Software engineer , Applications as Job Title and Job Description is PeoplesoftSoft, Peopletools ,SQR

    My client would like to hire me as Peoplesoft Developer. but I am expecting a raise in salary of atleast 30%.

    Would this be a problem ?
    When you say Job description should be more or less same what exactly does that mean. Should it be exactly different or some minor change is ok ?

    Help me out as I have to decide on the offer by weekend.
    Job title - doesnt matter but your job duties or job description matters.
    Your job description should not change from PL//SQL developer to J2EE or something drastically.
    Again as said by Ramba please keep in mind INS have not published any hard lined rules or clarification. But as per my attorney's view INS is lenient on AC21 cases with respect to approval , at the most you may get RFE for job description and latest W2 for salary comparison with 140.
    Finally I am not legal expert , confirm with your lawyer.
    Good Luck




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  • EB3Ind
    09-03 11:41 AM
    Hi,

    today uscis site updated for my spouse regarding EAD card for card produciton.

    applied july1st 2008
    lud july 8th 2008
    card production on site: 09/03/08



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  • unitednations
    08-25 03:15 AM
    UN,
    am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?

    wasnt h1b intended for a inhouse job rather than a job at a client company ?

    h-1 by its nature is a temporary job when it was created (it was not dual intent where you could apply for permanet residency). Law is very clear in H-1b that you can be considered the employer (workig at your location or under your direction and control at a client location (pure consulting). OR you can be a staffing agency and outsource employee at a third party location. In this situaiton you are considered a "token" employer and only pay the person. Direction and control come from the place where you are actually working. This is where it gets difficult. Even if you are working at an end client; it is difficult to satisfy uscis these days because the evidence they are requesting; people cannot get it legitamately from many of the end clients.

    In some of the various proposals; lawmakers are trying to kill EB based greencard and h-1b for IT people by getting rid of staffing. Staffing companies have historically been the feeder system into the country. Get rid of the feeder system then whole h-1b for IT collapses. People getting h-1b would mainly F-1 students.




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  • coolman
    10-04 03:07 PM
    Applied on July 19th,NSC..no news yet..



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  • sankap
    07-10 12:45 AM
    @desi3933:
    This comment was then obviously was not directed to you but to others who advise to "file AC21." Please show me any of my post where I have advised people to file for AC-21.


    .




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  • sunsuri
    07-04 06:05 PM
    I had sent mine out on July 1st and it was received on July 3rd at 11:14 a.m.



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  • chapper
    08-13 03:20 PM
    Congrats! Where is ur I140 approved from.
    Guys
    Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28




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  • chapper
    08-13 07:51 PM
    Thanks kdprasad - where your I140 was approved from



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  • casinoroyale
    08-17 02:00 PM
    Anybody tried entering USA by road using AP after they applied for H1-B visa and it got into admin processing or PIMS delays?




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  • zeta7
    06-22 01:36 PM
    Hey all,

    I completed my landing in Toronto some 4 weeks ago. My pertinent details:
    -No valid H1B stamp in passport
    -485 was filed
    -Planned on using AP to return

    The risk at the time (since there was no clear consensus here) was returning to the US using AP with a Canadian Immigrant visa stamp in my passport. I should point out that my passport was literally a year old, and the Canadian visa was bang in the middle pages; it popped out as soon as the passport was flipped open. It couldn't be missed.

    Toronto immigration was smooth. The only comment the officer made was that I had only a week left before my Canadian visa was due to expire, and she was surprised I had waited till the last minute (I suspect she'll be seeing quite a few more cases like this soon though!). I provided a Canadian address to receive my PR card over there.

    I spent two days only in Canada. I decided to travel across the Atlantic and meet up with the family since I was leaving the U.S. anyways. Plus I figured on returning, if I was asked what the purpose of my travel was, I could honestly say "visiting family" as opposed to beating about the bush about the Canadian PR.

    I returned 2 weeks later to NY-JFK. At the immigration counter I was asked to go to a separate desk to have my AP paperwork done. The Officer there asked me what my area of employment was, which I responded to. I was then asked to wait. 20-30 minutes later I was called again and my passport and AP documents were returned. No other questions were asked.

    I was extremely paranoid about the whole thing, but there were literally no issues. Of course luck plays a big part, so it's up to you to roll the dice; chances of problems arising seem low though.


    It's been almost 4 weeks and I still haven't received the Canadian PR card; if anyone else has an idea of how long it takes, I'd appreciate it if they could apprise me. Also I'm under the impression that since I'm not earning any income in Canada, there is no tax paperwork to be filed there. Is this correct?



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  • prem_goel
    08-28 07:33 AM
    one can travel outside country......

    btw somebody gave me a red dot on my posting about L1 facing issues....I was just letting people know what I've seen....no pun intended!




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  • GCStatus
    09-15 04:18 PM
    You should be proud of what you are doing. Even if you dont do a great job, You should try your best and you should still believe that you are doing it to the best of your ability and no one can do it better. But the way you talk, you seem to be a big loser and one of those, who feel lucky to have got your H1B. Probably, USA wont lose anything when one some like you leave. But Dont talk for the folks here. If you think you are below average, thanks for accepting it. Anyway, we would have known that from your shameless post. Most of us here deserve it and are special and are destined for greater achievements.

    Well said MadhuVJ



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  • h1techSlave
    03-28 11:16 AM
    You have predicted that EB3-India cut of date would become June 2003. But your PD is July 2003. Usually people do not predict that way. They predict their own PD would become current pretty soon.:D

    At one end it is bad that USCIS moved back Nebraska Processing date to June 08 2007 (More than one month backword) but it looks like USCIS is preparing itself to kick EB3-India ahead... It is too early to say this confidently.. But my feeling is that USCIS will keep processing dates tied to June 2007 and will kick EB3-India ahead. I am keeping my fingers crossed. Though as per murthy's web site in May bulletin EB3-India dates will remain same, I am feeling that if my guess is correct then at least from June bulletin we will see 2 patterns 1) Nebraka processing date would not move ahead for some months or will
    move ahead very slowly from June 08 2007
    2) Eb3-India PD dates will move ahead speedily. To me it looks like USCIS is now prepared to kick EB3-I (Till June 2003 PD) lot out.




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  • dingudi
    06-07 11:50 AM
    I used AVR (Automatic Revalidation Rule) to get back to US. If u have an expired stamp and a valid I-797, u can show ur PP alongwith original 797 and they'll let u in. But if u have used AP to re-enter before, u will need to use AP to enter US after ur landing. That being said, I know atleast 5 cases in the recent past who came back to US successfully using AP after their Canadian landing. I agree its a risk but most of the cases cud be hear-say. Just act innocent and that u dint know about the risk if at all u get questioned. Again, when the law permits u, why shud they question? Also, u still dont have ur US GC in ur hands...so let them know of it in a nice way if they harass u. Tell them that once u get ur US GC u will give up ur Canadian PR.

    It is easier said than done. When you are entering you are at the discretion of IO and you do not know all the laws. In this particular case, the people tried to convince IO that they were planning to let canada PR go once they receive US GC but the IO was determined to revoke their AOS. So there is nothing really you can do at that point in time.



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  • guru76
    11-18 05:15 PM
    Sent




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  • nonimmi
    10-17 01:18 PM
    that Senior Members would be more involved in posting on this website. It makes a lot of difference if core members who have a closer perspective of the truth could respond to some questions on these threads. No response, in my opinion only helps in making the website dead and promotes unproductive arguments and squabbles here.


    It is "good" that they are not talking. That means they are working harder and something good is expected to happen.

    If there is more talk then outcome is less. This is my experience from past one plus year from IV and other immigration forums. When everyone get "too much" excited and keep posting madly about some "immature deal", at the end of the day nothing "concrete" is achived.

    Let IV do their work. I am hopeful something "good" will happen in near future.




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  • bindoke
    08-25 10:59 PM
    Any idea how long it takes for a decision once it has been assigned to an officer?

    My wife's case was assigned to an officer on Aug 11th.
    in my case iwas exactly 3 weeks.
    Someone else mentioned on this forum that the officer will clear all the cases assigned to him/her within 30 days.




    sankap
    07-09 09:34 PM
    Supreet:

    Based on my extensive research on the topic:

    1. You can safely take the 1099 contract offer on EAD. In case of an EVL RFE, your recruiting company (the one giving you paycheck) should be able to give you an EVL. As I've noted below, the job need *not* be "permanent," unlike what others have mentioned on this forum. The EVL needs to only mention your job title, duties, and start date, not salary (unless specifically asked for). You do *not* need to provide any paystubs.
    2. For salary received on 1099, you'll file taxes as "self-employed." IRS website has extensive resources on filing as self-employed vs. LLC.
    3. Under corp-to-cop arrangement, you need to have a tax ID. Many clients/"bodyshoppers" will only consider a C2C arrangement. You can either do this by setting up your own LLC OR by incorporating (as a C-corp or S-Corp--again refer to IRS website or PM me if you need more info) OR through another corporation (e.g., on someone holding your H1B (you being their W2 employee)--not needed in your case). You can file your taxes as a "Self-employed" on any of these options, and can also claim deductions on job-related expenses (e.g., mileage, travel+lodging if you're traveling out of town)--so these options are monetarily better than being on W2, which is working not as self-employed.
    4. You're never needed to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.

    Bottom line: Go ahead with this opportunity on 1099, report this income as "Self-employed," deducting any job-related expenses, and ensure that the recruiting company will give you an EVL *if* needed. I'm *guessing* that if self-employed, you can also write your own EVL (stating start date as your W2-job layoff date and a "projected" yearly income, if asked for). In that case, registering your company with the county (~$20) or opening an LLC (~$400) may help. Last, no need to "file AC21" or inform the USCIS of your job change, since it's not required.

    Thanks so much everyone for your replies. I am planning to go for this job, I guess it will be better to be self-employed rather than unemployed.

    However, a few follow up questions.

    1. I realize on 1099 I will not have any pay stubs or offer letter (as pointed by someone). How can I respond to a Employment Verification RFE? What documentory proof will I need to answer the RFE?

    2. If I can get an offer letter for 'Contract to Hire' will that be an appropriate response to any potential EVL RFE? Will it be ok if the full time joing date is say 3 months from now? First 6 months on 1099 and then full time hire?

    3. Is it better to go corp-to-corp through another vendor instead of 1099? That way I can have pay stubs/offer letter through a vendor company which will produce my pay stubs (even though I will lose about 20% of my billing rate)?

    Just an additional detail, my job duties are going to be exactly same as what was approved on my labor.


    Your help is highly appreciated.

    Thanks!!

    - S




    nik.patelc
    02-09 09:42 PM
    Contributing 50 dollars monthly...

    I have seen IV actively working on behalf of all us (non immigrants). but i do think we (IV) can do more if all members contribute . I have few suggestions ..
    1) if all members contriute monthly and having sufficient funds, IV can hire few lawyers to provide legal advice on inexpensive rate.. directly competeing with Murthy and others....
    I m sure all members can hire IV for legal advise.

    2) Create a community and help members who lost jobs recenlty...

    Regards,
    Niraj



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